EU law, the Constitution of Malta, and the 𝘍𝘦𝘭𝘴𝘣𝘦𝘳𝘨𝘦𝘳 case

Abstract

In this article Professor Borg examines the conflict which may arise between EU law and the Maltese Constitution. The deference to the principle of the supremacy of EU law in member states, particularly as regard the execution of judgments on civil and commercial matters of one member state in another, arose in the Felsberger case in 2023. The writer argues that according to the jurisprudence of the Maltese Constitutional Court, a law which is in breach of EU law runs counter to the Constitution. Consequently, a law which attempts to block the execution of such judgments falls foul of the Brussels Regulation; however, there are exceptions to the norms laid down in such Regulation; besides, a Maltese court can question whether the foreign law on which the judgment requested to be executed is based, is itself in line with EU law.